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More Problems with the Alcohol Testing Program in Florida

For years, the State of Florida Alcohol Testing Program, a division of the Florida Department of Law Enforcement has been denying that they possessed the software used in the Intoxilyzer 8000 in Florida.  When the Intoxilyzer 8000 first starting being used in Florida the software in it was version 8100.26.  Many judges throughout the State ordered FDLE to disclose the software in their possession.  In response the State allegedly sent all copies of the software back to CMI, the manufacturer of the machines.  Recently a Defense team lead by Attorney David S. Katz was granted access to the Intoxilyzer software and during their inspection discovered version 8100.26 of the software embedded in the software used to upload new information to the individual Intoxilyzers.  When confronted with this discovery, Patrick Murphy, the new head of FDLE’s Alcohol Testing program was forced to admit that he did possess the software embedded in the Cobra remote transfer software.  Although the State fought the Defense attempts to gain access to this software, on Wednesday, March 19, Judge James Baxley, County Court Judge in Lake County Florida, decided the Defense would be given the opportunity to inspect and examine this software.

In addition to the discovery of the version 8100.26 software still in possession of the State of Florida, it has also been recently discovered that unevaluated software has been discovered in at least three Intoxilyzers sent to the State of Florida for evidentiary use.  Florida Law requires that the software be evaluated and approved before use in evidentiary breath testers.  The currently approved software is version 8100.27.  However, there are believed to be at least 6 different revisions to the 8100.27 software.  Whether any currently in use Intoxilyzer 8000 have an unapproved version of the software is unknown at this point.

These two new avenues of defense should be explored in any DUI breath case in Florida.

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David Katz

David Katz

David Katz is one of only 4 Board Certified DUI Defense Experts practicing in the State of Florida. David achieved recognition as a DUI Defense Expert in July of 2012 from the National College for DUI Defense, the only organizations accredited by the American Bar Association to award Board Certification in the area of DUI Defense. A founding partner of Katz & Phillips, P.A., David Katz is a former Assistant State Attorney and DUI / Intoxilyzer Lead Attorney with the Seminole County State Attorney’s Office. David has prosecuted cases in both Orange and Seminole Counties. Chosen by the Florida Prosecuting Attorney’s Association, David taught DUI trial skills to new prosecutors statewide. As the Seminole County Intoxilyzer Lead Attorney he received unique training and experience with the Intoxilyzer 8000, including access to the manufacturer of the device, which he now uses to aid in the defense of DUI cases. David has been the featured speaker at Continuing Legal Education Seminars focused on DUI Defense, lecturing to attorneys practicing DUI defense throughout the country. David is also the author or co-author of nine books on DUI defense including three Inside the Minds series books focusing on DUI cases. As a defense attorney David has focused his practice on DUI defense and has played a key role in the suppression of thousands of breath test results in Central Florida and surrounding areas, acting as the lead attorney in suppression hearings focusing on source code and machine malfunction issues. David is truly focused on his clients needs. He has received the 2012 AVVO Client Choice Award and the 2013 Client Distinction Award from Martindale-Hubbell. Further, David was recently featured in NEWSWEEK Magazines' 2012 Showcase of Leading Criminal Defense Attorneys. The only dedicated DUI defense attorney to be featured this year. PROFESSIONAL AFFILIATIONS: The National College for DUI Defense The National Association of Criminal Defense Lawyers The Florida Association of Criminal Defense Lawyers The Central Florida Association of Criminal Defense Lawyers The American Bar Association The Florida Bar Association The Orange County Bar Association The Seminole County Bar Association The Lake County Bar Association DUI is not recognized as a specialized area of law in Florida, therefore Mr. Katz is not certified as a Specialist by the Florida Bar.

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